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The Atlantic article: "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action". Is what the court restricted restrictions to. The wording following or is relevant.
In 1969, the Supreme Court's decision in Brandenburg v. Ohio effectively overturned Schenck and any authority the case still carried. There, the Court held that inflammatory speech--and even speech advocating violence by members of the Ku Klux Klan--is protected under the First Amendment, unless the speech "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action"from the ruling:
"Freedoms of speech and press do not permit a State to forbid
advocacy of the use of force or of law violation except where such advocacy is
directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
saying someones name is wildly different than advocacy of the use of force inciting/producing imminent lawless action and likely to produce it
a proper interpretation of this is not 'meh government can ban whatever as long as they say harm might come out of it. totes reasonable'
Quote (nobrow @ Nov 5 2017 11:09pm)
The reason article does't say anything.
The politico article claims frequency is the same, but the death count has gone up. That supports the theory that the perpetrators are competeting to one up the previous.
Putting a time delay on parading the shooter everywhere isn't an unreasonable stretch for the data we have. If it doesn't work the theory is wrong and the justification would no longer apply. I made my post before you linked your articles, I am not spouting nonsense. You are just too emotional.
You dislike where the logical conclusion ends so now your amygdala is taking over.
No comment on whether you are an idiot or not, just try and remove your emotions from this.